What should I do if I lose entitlement to small or micro entity status?
If you lose entitlement to small or micro entity status, you must notify the USPTO. According to MPEP 2550: “Notification of any change in status resulting in loss of entitlement to an entity status must be filed in a patent prior to paying, or at the time of paying, the earliest maintenance fee due after…
Read MoreCan a patent owner change entity status between maintenance fee payments?
Yes, a patent owner can change entity status between maintenance fee payments. The MPEP 2550 states: “If status as a small entity has been previously established by filing an assertion of small entity status and the patentee subsequently ceases to qualify for small entity status, a new determination of entity status will be necessary at…
Read MoreCan I change my entity status after paying a maintenance fee?
Can I change my entity status after paying a maintenance fee? Yes, you can change your entity status after paying a maintenance fee, but there are important considerations: If you change from a higher fee-paying entity to a lower fee-paying entity (e.g., large to small), you cannot receive a refund for previously paid fees. If…
Read MoreHow can I change my entity status for maintenance fee payments?
To change your entity status for maintenance fee payments, you have several options: For payments by mail, facsimile, or hand delivery: Include a paper changing the entity status with your maintenance fee payment. For online payments: Change your entity status before submitting the payment. MPEP 2550 suggests: “Before submitting a payment via the Patent Maintenance…
Read MoreCan I change my entity status during the patent application process?
Can I change my entity status during the patent application process? Yes, you can change your entity status during the patent application process. The MPEP 509.03 states: “Small entity status may be claimed in a pending application at any time before, or concurrently with, the payment of an issue fee.” This means you can: Change…
Read MoreWhat happens to my entity status after notifying loss of micro entity status?
When you notify the USPTO of a loss of micro entity status, you are automatically treated as a small entity by default, unless specified otherwise. As stated in MPEP 509.04(e): A notification that micro entity status is no longer appropriate will not be treated as a notification that small entity status is also no longer…
Read MoreHow can I regain micro entity status after losing it?
To regain micro entity status after losing it, you must file a new certification of entitlement to micro entity status. As stated in MPEP 509.04(e): Once a notification of a loss of entitlement to micro entity status is filed in the application or patent, a new certification of entitlement to micro entity status is required…
Read MoreDoes paying a fee in a non-micro entity amount automatically change my entity status?
No, paying a fee in a non-micro entity amount does not automatically change your entity status. According to MPEP 509.04(e): Payment of a fee in other than the micro entity amount is not sufficient notification that micro entity status is no longer appropriate. To properly notify the USPTO of a change in entity status, you…
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